South African Home Affairs Minister, Aaron Motsoaledi, has decided to challenge a recent ruling by the Pretoria High Court concerning the Zimbabwe Exemption Permits (ZEPs). The high court ruled on Monday that the department’s application for leave to appeal had no reasonable prospects of success, prompting Motsoaledi to escalate the matter to the Supreme Court of Appeal.*

The case revolves around a judgment that favored the Helen Suzman Foundation and Consortium for Refugees and Migrants in South Africa. The ruling required the minister to reevaluate the ZEPs, a regime that allows approximately 178,000 permit holders from Zimbabwe to lawfully reside in South Africa. The court found that the quality of evidence presented during the hearing, particularly the absence of an affidavit from Motsoaledi, was a significant factor in determining the prospects for a successful appeal.

In response, Motsoaledi’s spokesperson, Thabo Mokgola, stated that the minister believed the case was of significant public importance and deserved the attention of a higher court. Mokgola emphasized that Motsoaledi would exhaust all available legal remedies. The minister has already instructed his legal representatives to file an application for leave to appeal to the Supreme Court of Appeal promptly.

Additionally, Mokgola highlighted Motsoaledi’s commitment to enforcing immigration laws impartially and without favoritism. He noted the minister’s approval of an average of 2,000 waiver applications every week. To further engage stakeholders and discuss immigration-related matters, Motsoaledi hosted a two-day immigration workshop attended by representatives from various organizations, including the National House of Traditional Leaders and the Congress of Traditional Leaders of South Africa.

The outcome of this legal battle holds significant implications for the affected Zimbabwean nationals and immigration policies in South Africa. Motsoaledi’s decision to challenge the ruling underscores the complexities of immigration law and its impact on the lives of thousands residing in the country.


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